The divorce process is often expensive, overwhelming, and stressful because spouses need to make a lot of important decisions that will significantly affect their future. These can include payment of mutual debts, deciding on spousal or child support, dividing assets, and creating a parenting agreement. However, sometimes couples don’t have anything to share (no assets, no spousal support necessary, and no kids) or can agree on everything by themselves. When that is the case, couples can file an uncontested divorce, which is the easiest and quickest form of a divorce.
What is an Uncontested Divorce?
When spouses can come to an agreement on everything, they can complete an uncontested divorce form. A divorce is considered uncontested if:
- You and your spouse live separately for a certain period of time;
- You and your spouse both sign the court papers where you show that you agree about what the court should do, you don’t ask the court to make any decisions and you agree that you are eligible for divorce.
If your answer is yes to both points, you may start completing the required forms and begin your uncontested divorce. The person who files the documents is called the petitioner and the other spouse is the respondent.
How to Confirm your Eligibility?
In order to seek a divorce in the Georgian courts, you have to prove that both you and your spouse live in the state. According to Georgia law, there are three ways to prove your residency and express the need to file your divorce.
You have to be a bona fide resident of the state for six months or longer before you file for divorce. You don’t have to live in the same place, but have to have residency for this period of time in the state. You will have to affirm your residency and then will be asked to prove it in court. The most common items of proof are voter registration, driver’s license, rent receipts, or utility bills.
However, even if you live in another state, you still have the right to file for divorce in Georgia if your spouse has been a resident of the state for six months or longer. Moreover, if you have been a resident of an army post or a military base for a year or longer, you can file for your divorce in a county adjusted to your base. If that’s the case, you will need to document your residency of military-controlled housing.
What is Needed to File Uncontested Divorce?
The following list is the necessary documents that have to be completed:
- Confidential Information Form
- Petition for Divorce or Complaint for Divorce
- Acceptance / Acknowledge of Service
- Final Judgment / Decree of Dissolution
- Stipulated Divorce Agreement
- Child Support Worksheet
- Parenting Plan (in cases involving children)
However, the required paperwork can vary from county to county, so more forms may be required in addition to those mentioned above.
The uncontested divorce papers look complex to a regular person because of all the legalese terminology used in them. But if you call us now, our specialists will lead you through the process and help you with understanding and completing the forms. Call 770-609-1247 today to speak with an experienced Johns Creek Georgia uncontested divorce lawyer.